State/US Constitutional Authority of the Arizona State Legislature
AZ State Senator Wendy Rogers & AZ State Senator Sonny Borrelli speak on AZLeg’s State/US Constitutional responsibility
2023 AZ State Senate Elections Committee Meeting
Click link to view video: https://1drv.ms/v/s!AuK_Ph4JOs8egb999rqb0OaEUipysA?e=8Sa14S
United States Constitution Article 1 Section 4 Clause 1:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof;
United States Constitution Article 4 Section 4:
The United States shall guarantee to every State in this Union a Republican Form of Government.
United States Constitution Article 2 Section 1 Clause 2:
Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors;
Arizona Constitution Article 4
The legislative authority of the state shall be vested in the legislature, consisting of a senate and a house of representatives.
Definition: Legislative authority is defined as the power to make laws.
Arizona Constitution Article 3
The powers of the government of the state of Arizona shall be divided into three separate departments, the legislative, the executive, and the judicial;
Arizona Constitution Article 2 Section 21
All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
Arizona Constitution Article 7 Section 7:
In all elections held by the people in this state, the person, or persons, receiving the highest number of legal votes shall be declared elected.
Arizona Constitution Article 9 Section 5
No money shall be paid out of the state treasury except in the manner provided by law.
Note: The legislature writes & makes the law within their inherent legislative power & authority.
Arizona Revised Statute 42-5029, subsection D
D. Of the monies designated as distribution base, the department shall:
2. Pay 38.08 percent to the counties in this state by averaging the following proportions:
(a) The proportion that the population of each county bears to the total state population.
(b) The proportion that the distribution base monies collected during the calendar month in each county under this article, section 42-5164, subsection B and section 42-5205, subsection B bear to the total distribution base monies collected under this article, section 42-5164, subsection B and section 42-5205, subsection B throughout the state for the calendar month.
Note: This section above is the Arizona revised statute written by the AZ State Legislature which appropriates monies to counties. The proposition caution label on this Arizona Revised Statute 42-5029 is only applicable to subsection E, per Arizona Attorney General opinion: https://www.azag.gov/opinions/i09-007-r09-005. For clarification the above text concerning the county’s monies is subsection D text only.
Here are a few examples of AZ State legislature invoking ARS 42-5029.
Arizona Joint Legislative Budget Committee
A portion of transaction privilege and severance taxes referred to as the distribution base is designed for distribution to counties….pursuant to A.R.S. 42-5029(D)(4)
Arizona Constitution Article 9 Section 20
Expenditure limitation……for each county.
Other Notes:
“A State indisputably has a compelling interest in preserving the integrity of its election process.”
Purcell v. Gonzalez, 549 U. S. 1, 4 (2006) (per curiam)
” Fraud is a real risk that accompanies mail-in voting even if Arizona had the good fortune to avoid it. Election fraud has had serious consequences in other States. The Arizona Legislature was not obligated to wait (for election fraud to occur). “ Brnovich v. Democrat National Committee 594 U. S. (2021)
” Election fraud has had serious consequences in other States. The Arizona Legislature was not obligated to wait for something similar to happen closer to home.” Brnovich v. Democrat National Committee 594 U. S. (2021)
” One strong and entirely legitimate state interest is the prevention of fraud. Fraud can affect the outcome of a close election, and fraudulent votes dilute the right of citizens to cast ballots that carry appropriate weight. Fraud can also undermine public confidence in the fairness of elections and the perceived legitimacy of the announced outcome.” Brnovich v. Democrat National Committee 594 U. S. (2021)
” Take the example of a State’s interest in preventing voting fraud. Even if a State could point to a history of serious voting fraud within its own borders, the dissent would apparently strike down a rule designed to prevent fraud unless the State could demonstrate an inability to combat voting fraud in any other way, such as by hiring more investigators and prosecutors, prioritizing voting fraud investigations, and heightening criminal penalties. Nothing about equal openness and equal opportunity dictates such a high bar for States to pursue their legitimate interests.” Brnovich v. Democrat National Committee 594 U. S. (2021)
” Limiting the classes of persons who may handle early ballots to those less likely to have ulterior motives deters potential fraud and improves voter confidence. “ Brnovich v. Democrat National Committee 594 U. S. (2021)
The Pledge of Allegiance:
I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.